Diageo and United Spirits ends litigation on Black Label

United Spirits filed application with Trade Mark Registry, Chennai, to cancel mark Black Label it owned

A litigation between Diageo Brands BV and United Spirits' McDowell & Co Ltd related to the trade mark Black Label in the Intellectual Property Appellate Board (IPAB) has come to an end as the latter requested the Trademark Office to cancel the particular trademark registration. Following this, Diageo requested the IPAB that it withdraw the rectification application and the authority allowed the request through an order.

When the matter came up for hearing at the IPAB, the counsel appearing for Diageo Brands BV has informed the quorum comprising of IPAB Chairman Justice K N Basha and Technical Member (Trademarks) Sanjeev Kumar Chaswal, that McDowell has already filed a form TM 35 before the Trademarks Registry, Chennai, requesting for cancellation of the trademark under challenge.

"And in view of the same the applicant is withdrawing the present ORA (Original Rectification Application). Accordingly the ORA is hereby dismissed, withdrawn as not pressed," said Justice Basha in his order.

It may be noted that Diageo has earlier acquired a significant stake in the USL.

Diageo has its Scotch whisky brand Johnnie Walker Black Label sold across various parts of the world including India. The company has been engaged in litigation with its competitors including Khoday Breweries to protect the trade mark rights, according to previous reports.